Loading...
HomeMy WebLinkAbout09/17/1973MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA SEPTEMBER 17, 1973 Pledge Roll Call: Present: Councilmen John.C. Brown, Myron Graham, T. Keith Gurnee, Jesse E. Norris and Mayor Kenneth:E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk, William Flory, Director of Parks and Recreation Richard D. Miller, City Administrator, R. A. Paul, Water Director,.Captain.Donald: Englert, Police Captain, David F. Romero, City Engineer, L. Schlobohm, Fire Chief, A. J. Shaw, Jr., City Attorney, Richard D... Young, Planning Director, David Williamson Assistant.Administrative Officer --------------------------------------- ----------------- - - - - -- C -1. Claims against the City of San Luis Obispo for September approved for payment subject to.approval by Administrative Officer. C -2. A. J. Shaw, Jr., City Attorney, reported that the campaign control ordinance was not completed but that he .would try to have it.at the next Council meeting for the Council's information and for full exposure to the public. ' C -3. On motion of Councilman Gurnee, seconded by Councilman Norris the following resolution was introduced. RESOLUTION NO. 2514'. A Resolution of the Council of the City of,San Luis.Obispo authorizing the Department of General Services of the State of California to pnrchase certain items. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham,..Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None C -4. Communication .from.San.Luis.Garbage Company requesting a rate increase for solid waste disposal was-referred to City staff to document justification of rate increase including percentage rate of return. C -5. Recommendation.from the Planning Director recommending that a portion of .Olive.Street between Stenner.Creek_and Osos.Street not be abandoned, was accepted. C -6. Communication from Edward L. Mayo appealing the,City's order to remove his retaining wall that borders on Old Garden Creek was continued to a future public hearing... . ' C -7. Memorandum from Dave Williamson, Assistant Administrative.Officer, requesting a continuation of staff report regarding construction in and .near waterways within the City was ordered.received and filed. C -8. Memorandum from R. D. Miller,. Administrative .Officer,_:regarding payment of supplies for new copy machine to come from Account No. 219 was approved and ordered received and filed. City Council Minutes September 17, 1973 Page 2 C -9. Claim against the City by Marjorie J. Franzone for damage done to camper as a result of tree in public right of way was denied and referred to the insurance carrier. C -10. The following salary step increases were approved effective October 1, 1973: Nancy E. Brady - Typist -Clerk II From Step 1 or $506 to Step 2 or $536 Johnny M. Johns - Janitor From Step 4 or $636 to Step 5 or $670 - C -13. The recommendation from Lachlan MacDonald, Promotional Coordinating Committee,:for Council's approval to expend $100 from P.C.C. fund for Chamber of Commerce (cost of materials for Visitors' Information Center), was.approved. C -14. The communication from H. Severn concerning flooding problems to his property he feels was caused by the construction of the adjacent apartments, was referred to the Waterways Planning Board for recommendation. D. F. Romero, City Engineer explained that he had already come to an agree- ment with the contractor for a solution. C -15. Communication from Richard Blake regarding the purchasing of Xerox equipment (2,. 10 -bin sorters) was deferred by the Council on request until the second meeting in January, 1974, for report on cost comparison by the City staff. C -16. The memorandum from D. F. Romero, City Engineer, regarding the Foothill - California Traffic signals was approved. On motion of Councilman Brown, seconded by Councilman Graham item C -1 through C -16, except -for C -12 action approved. cu, -.2m ri i AYES: Councilmen Brown, Graham, Norris and Mayor Schwartz NOES: Councilman Gurnee ABSENT: 'None C -12. Communication from Marvin Willard, Chairman, Human Relations Commission recommended that $1,150 to-Meals on Wheels for a ten month period (September, 1973 to June, 1974). Councilman Norris stated he would support the recommendation of the Human Relations Commission if funds came from the Human Relations Commission budget as part of their overall annual expenditures, but he would oppose it if the City budget had to be. augmented in order to pay for this contribution. Mrs. 4ileen Jones, promoter of-the Meals on Wheels, felt that -the Human Rela ions Commission expected the additional funds to support the program to ome from City revenues, specifically from revenue sharing rather than their own approved budget.- /Mayor Schwartz stated that he would support a one -time financial aid to the Meals on Wheels program to get the program started, but he would not support future requests. On motion of Councilman Gurnee, seconded by Councilman Graham the recom- mendation of.the Human Relations Commission was accepted, subject to an agreement with the City for a ten-month-program with one -tenth being paid each month, money to come from utility -tax and budget to be increased later when needed: c7 _cC City Council Minutes September 17, 1973 Page 3 Motion carried. AYES: Councilmen Brown, Graham, Gurnee, and Mayor Schwartz NOES: Councilman Norris ABSENT: None 1 -------- --------------------- --- - - - - -- B -1. The City Council again considered the report of the City Clerk on bids received for the Prefumo Channel Vegetation Removal, City Plan No. 9 -74. Bids opened on August 29, 1973 and continued from the September 4, 1973 meeting pending a receipt by the City of a protest from Fish and Game objecting to the disturbance of fish habitat in the area where the vegetation was to be removed. David F. Romero, City Engineer, reported that he had not as yet received the official protest from Fish and Game, but that he had seen a draft copy and that they were still objecting to the proposed City project. He stated that if the City were to continue and accept the recommendations of the Fish and Game Department, it would be an entirely different project than the one for which bids were received. He again suggested that the City Council continue this item. On motion of Councilman Gurnee, seconded by Councilman Brown the matter was continued to the next council meeting and that a staff report be submitted on the best way to handle this problem. B -2. City Clerk presented the following bids received for the Prefumo Channel Culvert Modification at Calle Joaquin, City Plan No. 15 -74. Bids opened September 12, 1973 at 2:00 p.m. The following bids were received: ' Madonna Construction Company $13,970.00 Conco Engineering 15,125.00 R. Burke 19,074.00 Engineer's estimate $11,825.00, this is a part of a larger project budgeted under the Revenue Sharing Account. On motion of Councilman Gurnee, seconded by Councilman Graham that the City accept the low bid of Madonna Construction Company of $13,970.00. Motion carried. 1. At this time the City Coi3ncil considered a request by several individuals for consideration of an ordinance change regarding the prohibition of pinball machines in the City and reducing the age limit of persons to use this type of amusement device. Communication from Tony Hawkins, proposed operator of a family amusement game parlor at 5 Santa Rosa Street to be called "Family Fun Fair." Mr. Hawkins stated that part of the machines to be used in his establishment would be pinball types that he says under the existing ordinance he could not operate. The letter continued that at the time of his application and discussion with City staff members the fact that this type of machine was outlawed in the City was not brought to his attention, and he felt the City Council had made a mistake in continuing this ordinance as the machines ' no longer allowed gambling. City Council also considered a communication from Peter Curry, owner of Pete's Vending Service, also supporting the contention that pinball machines should be allowed in the City as they were no longer considered gambling devices and were licensed by the Federal government as amusement machines and not for gamblings. Further, San Luis Obispo was the only city in this county and adjacent counties that outlawed pin -table or pin- ball machines. He suggested that the City Council rescind their ordinance and allow this type of machine in the City for two reasons: 1. For the enjoyment and pleasure of people living in the community. City Council Minutes September 17, 1973 Page 4 2. To increase license fees by the City. A third communication from Walt Lambert, General Manager of Tropicana, also requesting that the City Council again legalize pinball machines within the City as he. stated they have had pinball machines in their dormitories and in their recreation rooms, which were enjoyed by every- one, and he felt it was healthy entertainment, they did not allow gambling and they have never had any problems. The City Council then considered a report.prepared by the.City Clerk giving the history and the reasons why the pinball- type.machines or pin games or marble games were outlawed by the City, and why this had been continued to this.time. Mg. A. J..Shaw,.Jr.,.City Attorney.commented that he had read the information submitted by the.operators of.amuse- ment machines and that the City Council had the right to continue the ordinance not allowing this type of,machine, or they had the right to rescind the ordinance and allow this type of machine under whatever conditions that they desired. Captain Englert, Police Department, reported that they have had some police problems with juveniles in locations that are unsupervised, and where pinball marble games or pin.table machines - have- been.operated. .He felt that areas that were supervised with adult management did not have the problem that they had in locations where there was no super- vision, and the machines were open to their own and anyone who wished to play them, and without supervision many youngsters get carried away bouncing and moved the machines around. . Mayor Schwartz declared the hearing open. Mr. Tony. Hawkins appeared before the City Council asking that they allow him to have this type of machine by rescinding the existing ordinance as he stated that he was not aware, of this prohibition and that he had proceeded.with spending a great sum of money in preparing a room in a store to put in a number.of.game machines...-He felt that these machines were not bad and that they were something for young people to use. He felt that it would be an asset to the.community, and that he would also work with.youth groups who wished to use these machines for an.evening of pleasure. He stated also that he planned on having.a.good operation, he was investing close to $40,000 in this operation, and that he would have supervision of adults at-all times._. Mr. Jim Kinney stated that he was in support of allowing pinball =type machines in the City.and stated that he had these-machines in his laundromat for years, and he did not feel they have caused any problems, and they were a good source of. income and supplemented the laundromat income. Walt Lambert, Tropicana appeared on behalf of his letter stating that he wished.the_City Council would amend..the ordinance so tha_t_this_ type of game machine would be 'allowed as.he felt that they were good amusement for young people. Linda Cortez, pingame player, stated she was in support of legalizing this type of game as she enjoyed playing them. Tony Hawkins again spoke federal ;law gambling -type and could. not be brought would be destroyed. to the City.Council stating that under pinball machines were not allowed in California in, and if there.were any in the .state, they 1 1 Captain Englert again stated.that ment was primarily in locations w were operated without sufficient the City Council was of the mind type businesses in the City, they supervision of the location. City Council Minutes September 17, 1973 Page 5 the problem faced by the Police Depart - here these machines or any type of machine or proper supervision. He felt that if to allow machines and'-to allow.arcade- should include.a: requirement for proper ' Councilman Gurnee stated that he was in support of allowing pinball machines in the City, and he agreed that supervision should be mandated'and it should be handled throughtsome type of a use permit condition. Councilman Norris stated that he too'was in support of amending the ordinance'to allow pinball -type games in the City,'but he too felt that strict supervision should be mandated. Mayor Schwartz stated that he was in support of allowing pinball -type games back in the City, also with supervision of the people using the machines, but he felt that the games should be under supervision wherever they were located and not just placed helter- skelter in buildings without someone to supervise. Councilman Brown stated that he too was in support of allowing this type of amusement device in the City also under supervision.' On motion of Councilman Gurnee, seconded by Councilman Graham that the City staff be instructed to prepare an ordinance for the Council's consid4 eration; which would allow pinball machine's within the City, require super- vision, no age limits, and that the requirement be based on neighborhood conditions. Motion carried. 2. R. A. Paul, Water Director submitted for the Council's consid- eration the preliminary plans of the Edna Saddle Tank-Site; including ' the access road. from Broad Street.and the.Prado Road water main to Higuera Street showing preliminary layouts prepared by Penfield and Smith Engineers in conformance with the previously.approved report entitled, "Los Osos Valley and Lower Higpera'Area Water.System Improvements."7 The plans indicated that the reservoir would be constructed within a topographic recess which reduced the visibility of the reservoir from points along Broad Street and Higuera Street. The siting-of the reservoir below the top of the topographic saddle would eliminate skyline silhouettes of the reservoir. He presented screening germs southerly of the reservoir which .totally screened the reservoir from and he recommended to the City Council that they concur in the concept shown in order that final contract drawings might proceed for the tank. R. D. Young, Planning Director, reported the recommendation of the Planning Commission; which was that due to mitagiting features designed into the proposed project it would have an insignificant impact upon the environment and that an environmental impact report was not required. He also submitted a letter from the County Planning Commission staff concur- ring in the recommendation of the City =staff and Planning Commission analysis. He then reviewed briefly the consideration given by the Planning Commission and Planning Department for evaluating the proposed project and arriving at the conclusion that an environmental impact report was not required. . The City Council reviewed in- depth.with R. A. Paul, Director of Water, ' Services, and Ron Young, Planning•Directoi the detailed drawings..presented for the tank site and-its environment, and'-also the effect of the impact on areas within the City that the tank would affect. On motion of Councilman Norris, seconded by Councilman Graham .that the report he accepted and -that the staff-be authorized.to proceed with implementation of the project.: Motion carried. City Council Minutes September 17, 1973 Page 6 - 3.. At this. time the.City,Council.held.a public hearing on the recommendation of the Planning Commission to amend the sign ordinance to provide for free standing signs in the R- 1,.R -2, R -3; R -H.and R -0 zones. R. D. Young, Planning Director, presented-the recommendation of the Planning Commission in requesting the amendment to-the sign ordinance to provide for free standing signs in the R or residential zones. He explained that.the.difference between the proposed amendment and the existing ordinance was that the proposed amendments specifically provided for free standing signs, signs on the face of the building and reader board and /or directory signs on buildings, whereas the present ordinance provided for 25 square feet of single face sign area per frontage for institutional uses and apartment complexes, but-was not clear how the 25 square feet might be used. The.proposed amendment was initiated as a result of numerous requests to be allowed to have both free standing signs and free standing directory signs in conjunction with office complexes, apartments, churches, etc. He.continued that the proposed amendment had been reviewed by the Design Review Board, and.it was also their recommendation that the.proposed amendment.be adopted. He concluded that it was the recommendation of the Planning Commission that the present ordinance. be amended as proposed. He then reviewed in detail what signs would'be permitted in the various zones,•how they would be handled, and the scope and the effect the change would have on the City in comparison to what is being allowed at the present time., Mayor Schwartz declared the public hearing open. No one appeared for or against the proposed ordinance. Mayor Schwartz declared.the. public hearing closed. The City Council discussed with the Planning Director in detail the recommendations of the Planning Commission dealing with free standing signs in the.residential zones. It was the Council's main worry as to the effect the ordinance would have on future-development in these.zones. On motion of Councilman Brown, seconded by Councilman..Gurnee the following ordinance was introduced and-passed to print. ORDINANCE NO. 594, an Ordinance of the City of San Luis Obispo amending the Municipal Code to provide for free standing signs in the R -1, R -2, R- 3,.R -H and R -0 zones and to revise certain sign area requirements. Passed and adopted on the following roll call vote: AYES: Councilmen Brown,.Graham, Gurnee, Norris, and Mayor Schwartz NOES: None ABSENT: None 4. At this time the City Council held a public hearing on the recom- mendation of the Planning Commission to rezone.property at 670 Mill Street from R -3 (Restricted multiple family residential zone) to.PD R -H (Planned Development - .Residential High Density Zone). R. D. Young, Planning Director, presented the recommendation of the Planning Commission stating that the applicant.had submitted a revised preliminary and precise plan for a 36 -unit condominium development. He continued that the project would contain 30, two bedroom units; six three bedroom units and 72 parking spaces. The applicant also received approval for 36 units in March of 1973, but since the applicant wished to make major modifications, the application was being processed as a new application. 1 1 City Council Minutes September 17, 1973 Page 7 R. D. Young, Planning Director, stated that the development appeared to the Planning Commission to be compatible with surrounding uses and was of the opinion that the proposed development was in accordance with the recommendation of the general plan and appropriate to the location. Mr. Young stated that the development was approved by the Planning Commission ' with the following conditions: 1. Development shall be in accordance with the submitted site plan. 2. A detailed landscape plan showing plant materials and method of irrigation should be submitted for approval of the Planning Department. 3. Additional right -of -way shall be dedicated to provide for a standard sidewalk east of the public right -of -way. 4. Prior to tree removal, trees shall be marked and inspected by the Parks Department. 5. All street trees and replacement trees shall be a minimum of 15 gallons 6. Hydrants shall be installed and in service prior to the start of combustible construction. 7. Construction shall commence within one year of approval of the precise plan. 8. Two trees adjacent to the northerly driveway shall be trimmed to the approval of the Engineering Department. Mayor Schwartz declared the public hearing open. No one appeared for or against the proposed development. ' Mayor Schwartz declared the public hearing closed. On motion of Councilman Gurnee, seconded by Councilman Graham the following ordinance was introduced and passed to print. ORDINANCE NO. 595, an Ordinance amending the official zone map of the City of San Luis Obispo. (To rezone 670 Mill Street). Introduced and passed to print on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz HOES: None ABSENT: None Mayor Schwartz declared a recess at 9:05 p.m. The Council meeting reconvened at 9:15 p.m. with all Councilmen present. 7. R. A. Paul, Water Director, presented plans for the construction of the South Street water main for the construction of the Church of ' Christ and requested Council permission to advertise for bids for such construction. Estimated cost of the }project to be $15,290.00 of which the City's share would be $10,648.00 the balance being paid for by the developer. This project was budgeted under utility tax pre -1942 improve- ments. R. A. Paul asked that the City Council authorize the City staff to advertise two ways: 1. For the City to advertise for the necessary pipe and appurtenances. City Council Minutes September 17, 1973 Page 8 2. Upon delivery, advertise for installation and construction of the project. After discussion by the City Council, it was.moved by Councilman Norris, seconded by Councilman Brown that the plans and specifications.be approved and that the City staff.be authorized to call forbids for: 1. 'Pipe and appurtenances 2. Installation Motion carried. 8. -Communication from Councilman T. Keith Gurnee requesting that the City Council endorse'Senate Bill 716 - Conflict of Interest and Economic. Disclosure.Law. Councilman Gurnee continued that.since the City Council of San Luis Obispo has agreed to the formulation of regulations for campaign practices he felt it was time that the City Council pursue another integral element of'governmental reform, that of conflict of interest, but since. that time' the state.legislature'has approved a sweeping piece of legislation that would have great effect on local government and would go far towards approaching the goals of access and accountability within the state of California. This was.Senate Bill 716 authored--by`,` Moscone. Councilman Gurnee recommended that the City Council endorse Senate'Bill 716 and communicate the Council's reaction to the appropriate public agencies and officials, and further-, that the City Council appoint a.council subcommittee to prepare and propose rules for conflict of interest and economic disclosure for the.City of San Luis Obispo within. the guide- lines set forth in Senate Bill 716. Councilman Gurnee then reviewed the salient points and provisions of the Senate Bill 716 which he was asking the City Council to endorse. Councilman Norris stated that he was opposed to the formation of a committee to establish separate, distinck rules and regulations for the City "of -San Luis Obispo as he felt that the City officials should follow the state law as adopted. He felt that it would be much easier and much safer to.follow laws written on a state -wide basis.. The City Attorney informed the City Council that SB 716 had been adopted by both..houses of the State Legislature and.had been forwarded to.the Governorfforeeudor- seme nt Ldfidtthatganyaactions 'shouldppass.theCCouncils's feelings on to the Governor,. On motion of Mayor Schwartz, seconded by Councilman Graham that the staff be instructed to send a telegram to Governor Reagan stating that the City Council was supporting Senate Bill 716. Motion carried. AYES: Councilmen''LBroran; ;Gr.aham;GGurnee, and Mayor Schwartz NOES: Councilman Norris.. ABSENT: None On motion of Mayor Schwartz,.seconded.by Councilman'Browa that the matter of conflict of interest for the City of San.Luis Obispo be refereed to the Citizen's Advisory Committee for study and recommendation of rules and regulations to the City Council by May, 1974. Motion.carried. AYES: Councilmen Brown, Graham, Gurnee and Mayor Schwartz NOES: Councilman Norris ABSENT: NNne 1 ri 1 City Council Minutes September 17, 1973 Page 9 10. Traffic Committee report on September 6, 1973. Traffic Committee report 73 -9 =fT. At the request of the school district, the City has considered certain suggestions in connection with the assignment of a school crossing guard at Royal•Way 'and Los Osos Valley Road. We have agreed to the.painting of a school crosswalk across Los Osos Valley Road south of Royal Way and assecond such crosswalk across Galleon Way south of Royal Way. School authorities also requested 25 mph signs either side of the Los Osos Valley Road crosswalk which would be impractical on a 24 -hour basis but could be made workable- through the installation of lighted signs which would indicate the 25 mph speed limit during school hours and would be inoperative during non - school hours. While the school district has previously refused to share in the cost of such a sign, they now indicate some interest. We propose to wait to hear from them on this. In any event, it would take at.least six months to order the sign and the cost would run several thousand dollars. We would also like to add that the presence of an adult crossing guard should make the sign unnecessary. The school district also requested that a portion of the roadway -along Royal Way from Los Osbs Valley Road to Galleon Way be marked parallel to the curb for pedestrian use. There was some sentiment on the'committee for a combination pedestrian-bike land approach, but the majority rejected this idea. R. D. Miller, Administrative'Officer, member of'the City Traffic Committee stated that the' recommendation just read was dated material and-that there had been a number of changes recommended by the Traffic Committee and school officials. He stated that the present recommendation was as follows: The school authorities.were willing to continue bus.service for the t±me'being and drop'the guard at-Royal Way. However, they felt it was important to restore the guard at Ferrini and Foothill: Signing and crosswalk painting to be installed as recommended previously. Dave Moore,'Principal of Teach School, appeared before the City Council objecting to'the removal of the crossing "guard at-Ferrini -Road and Foot - hill Boulevard as he felt that over the years this had.been the intersection used and that forcing the children to.-walk up .to,Broad• and Foothill was dangerous, and he -felt that children could be hurt duet& the number of cars, open driveways, and the short time that the signal allows children to cross Foothill Boulevard. Traffic Committee Report 73 -9 -2T The Traffic Committee had delegated to the Police-Chief the job of re- evaluating current crossing guard locations with school authorities. As a result, it has been agreed that the Madonna- Oceanaire location would be deleted because of the new signals and a guard substituted at Los Osos Valley Road and Royal Way. Incidentally, the City was.unaware that school authorities intended to cut back on bus service as a.result. The Chorro -Mill location was dropped because of the'iraffic signals at Palm and Chorro. The Foothill - Ferrini Road location was dropped because of the signals at Foothill and Broad. i As both this report and the prior report contained similar type information the City Council then discussed both the Los -Osos Valley problem and the Foothill - crossing guard problem. On motion of Councilman Graham, seconded by Councilman Norris that the City Council continue the crossing guard- at•Royal.Way -and add a crossing guard at Foothill Boulevard at Ferrini Road. Motion carried. City Council Minutes September 17, 1973 Page 10 Traffic Committee report 73 -9 -3T The Traffic. Committee has observed the need for a large (400 watt) street light at the.Prado Road..off -ramp from ..the 101 freeway. The state would probably share in this cost. We also feel that a larger light (175 watt) is needed near the antrance.-to the.drive -in theater on Elks - Lane. We.recommend•that.these lights be authorized.;, :,,. City Council approved the recommendation of the Traffic.Committee. Traffic Committee report 73 -9 -4T Now that the Santa; Rosa-Market is closed, we feel that the green Bone in front is no longer needed and recommend that.it be replaced.with red zone to facilitate traffic flows and turning movements.on_a narrow but heavily.traveled street. The City Clerk presented a letter from property owner Alice-Parks,Nelson stating that they wished to keep the green zone in front of their store as they were ppesently attempting to lease the property and.hoped that the Council would take no action until the new owners or operators were given an opportunity to duscuss the matter with the City Council. On-motion of Councilman Gurnee, seconded by Councilman Brown the recom- mendation was approved. Councilman Graham voting no. . Traffic Committee report 73 -9 -5T For sometime, the Traffic Committee has considered the need for red zoning on.the easterly side of Santa Rosa from Mill to Walnut to supplement the existing red zone which extends from Monterey to Palm. Up to now, all parking has been prohibited from 4 to 6 p.m., but this presents enforcement problems, and we also note a steady increase in traffic flows during non -peak periods. It is also felt that the need for red curbing will probably be eliminated once Santa Rosa Street is widened. We therefore recommend that the red zone be extended as indicated but that a public hearing be held first in view of_th_e resi- dential character of.this thoroughfare. On motion of Councilman Gurnee,.seconded by Councilman.Brown that a public .hearing be set to get the action from.property owners.and residents of the area. Motion carried. Traffic Committee. Report 73 -9 -6T Negative Recommendations: (a) Request of Mrs. Bryant who resides on Lawrence.. Drive for red zone south of Lawrence.on Broad. (b) Request of James Adair, 92 Rafael, for.stop signs on Luneta at Rafael.. (c) Request of Mr. and Mrs. Norwood Watkins, 529 Woodbridge Street, for.street-.light at Woodbridge and Meadow. We would like to:first• see how the Meadow Park lighting system affects this situation, before approving such an installation. 1 1 1 City Council.Minutes September 17, 1973 Page 11 City Clerk was instructed to notify the request receiving negative recommendations of the .Traffic.Committee action. 11. City Council continued their discussion of staff report on. flooding: .Councilman-Brown reported on the joint meeting held with the Board. of: Supervisors, earlier this .day regarding the adoption of a joint power or task force for. flood control supervision -as requested by the City.Council... He continued.that.it was apparent that.the Board of Super- visors was not going to buy a joint = powers type or a task -force type of organization,.but - were.only going to accept an advisory -board cnncept to advise the flood control district on improvements within the San Luis Creek zone. After discussion with the Supervisors, it was Councilman Brown's feeling that,they might accept the advisory committee, the adoption of a flood control zone within the county district, but the final decision would be left in the hands of'the.County.Board of Supervisors. Dave Williamson,.Assistant Administrative Officer, reported.on his reactions to the meeting with the Board of Supervisors which were primarily as reported by Councilman Brown. Councilman Norris reported on•his comments to the Board of Supervisors regarding their final decision on the formation of a flood- control zone. He stated that he informed the supervisors that he was opposed to the task force concept, but would support a joint- powers:agreement that would allow flood control work by the City and County prof essiopal.s -taff but not by a lay committee. Councilman _ Norris listed the reasons why he felt that a professional staff should.approach the matter of flood.control and the type of work to be accomplished and not be held up by a lay committee or non- professional people: Mayor Schwartz then reviewed for the City Council the City.'s.:previous position requesting a joint - powers agreement .and /or:-.a..task..force, which would acV as.,an` advisory group on.flood control within both :the city and county with City representatives protecting the interests of :the citizens of.San Luis'Obispo.': He'stated as presented by the.Co:unty officials 80 to 85 per cent of the tax base of the proposed zone would , be -:within the City limits of San Luis Obispo and that the citizens of San Luis Obispo and taxpayers would pay 85 percent of.the bill, but that-ho one from within the-City would have any control -on decisions made by the -County Board of Supervisors, and he felt that this was.an important-item for consideration. He felt that strictly a staff advisory committee would not protect the taxpayers and the City as much as.a.joint- powers group or a task -force group, but he just wished to go on record for anyone that was interested as. to the background and reasons for the City insisting upon a task -force type organization. Dave Williamson, Assistant Administrative Officer, submitted comments on flood control districts and projects under state laws as they have been provided in other parts of California. He mentioned the.experience in Fresno as a more complete answer :to. the flood control problem when it involves primarily urban areas. 12. Mrs..Ruth Wirshup, Chairman,-Housing Authority-of, the City of San Luis Obispo, appeared before the City Council requesting that the City Council grant $17,482.00 to the Housing Authority in order to prevent a loss of a contract on 16 low rent housing units to be constructed at 2929 Augusta Street. She stated that the local Housing Authority had no money-.t6 cover;-these_;costs. She stated the problem of the $17,000 pepresents increased charges on- subcontracts because of almost 15 months delay in moving along with this project; and that the subcontractors renegotiated to cover increased costs of materials and labor during this time. She stated that the HUD area office was not questioning the amount of the renegotiated contsacts or the initial contract of $398,167.00, both of which are well below acceptable costs for such development, but HUD claimed that the Housing Authority had not adequately justified the delays City Council Minutes September 17, 1973 Page 12 which caused the $17,482.00 increase. The Housing Authority and staff could not agree. Mrs. Wirshup continued that it was the contention of the Housing Authority that HUD area office hold the major responsibility for overcharging, policies, procedures and personnel, moratoriums on development, impounded federal funds, lost documents and what might be considered as normal bureaucratic delays. She continued that the local ' Housing Authority was prepared to further substantiate their contention with documentation on the delays, but this required time, and the project, in order to close, must be signed not later than Tuesday, September 18, 1973. She concluded that the Housing Authority had a written agreement with the HUD area office that when assurances could be provided as to the reasons for delays, they might be able to get the $17,000 so that the City could be repaid. She also stated that the part of the problem in the delay was in addition to the HUD problems was certain local delays for example; when the City became involved in adopting its water looping policy and other water matters it had delayed the owner of the property in proceeding with his cost to the HUD office. Therefore, the City Housing Authority was asking that the City Council grant the necessary funds so that this contract could be concluded and the first 120 units as approved by the voters many years ago could be completed. In return, the Housing Authority pledged to the City Council that they would continue their efforts with HUD and the offices of Senator Cranston and Represen- tative Talcott to retrieve the $17,000 plus and return it to the City Council. The most important thing the City Housing Authority and City Council must remember is that the 16 units involved represent homes for 16 families and that they had a long waiting list for needed housing. Mrs. Jim Dovey, President of the League of Women Voters, San Luis Obispo, submitted a letter urging the City Council to approve the requested amount of money in order to insure the completion of the last 120 housing units , approved by the voters in 1967. She stated that the League of Women Voters had studied the housing needs of the City, supported the concept of federal housing and found that the local Housing Authority had done an exceptional job in providing housing under this federal program, and they hoped that the City Council would move ahead and grant the necessary sum of funds so that the last housing unit of the original 120 could be completed. On motion of Councilman Gurnee, seconded by Councilman Graham the City of San Luis Obispo grant on a hopefully reimbursed basis the necessary funds of $17,482.00. Motion carried. AYES: Councilmen Brown, Graham, Gurnee, and Mayor Schwartz NOES: Councilman Norris ABSENT: None 13. The City Council adjourned to Executive Session. 14. The City Council adjourned to 5:00 p.m. Thursday, September 20, 1973 to continue their Executive Session. APPROVED: December 3, 1973 - Fi ick, City Clerk